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CJ Mutunga/Kenyans Vs Kimemia/State
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maka
#71 Posted : Wednesday, February 20, 2013 3:45:28 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
McReggae wrote:
a4architect.com wrote:
McReggae wrote:
a4architect.com wrote:
Ita an obvious fact that all state officers must seek clearance from OP for any international travel, CJ included. The immigration officer deserves a medal for teaching CJ a few lessons from Civil servant code of conduct 101.


Quote the constitution or act that says so.....and it's obvious it wasn't the 1st time he was travelling out of the country!!!!


I have previously worked as a civil servant so i know it first hand.


Probaly your position demanded that you do the same, read the full statement again!!!

@4architecht you are wrong and allow to be corrected... There is a Civil Service Code of Conduct which btw is surbodinate to the Public Officer Ethics Act 2003. Cabinet Ministers can't travel without presidential approval but Constitutional Office holders are exempt. The Judiciary have their own Judicial Service Code of Conduct
possunt quia posse videntur
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  | | Edit by user: Wednesday, February 20, 2013 3:46 PM | Reason: Not specified
yekeyeke
#72 Posted : Wednesday, February 20, 2013 3:45:49 PM
Rank: Member

Joined: 6/4/2008
Posts: 345
githundi wrote:
alma wrote:
Anyone bringing issues of party when a Chief Justice makes a such a statement is a VERY STUPID PERSON.


Only stupid people call other stupid.


I agree 100%!!!!
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McReggae
#73 Posted : Wednesday, February 20, 2013 3:49:16 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
maka wrote:
McReggae wrote:
a4architect.com wrote:
McReggae wrote:
a4architect.com wrote:
Ita an obvious fact that all state officers must seek clearance from OP for any international travel, CJ included. The immigration officer deserves a medal for teaching CJ a few lessons from Civil servant code of conduct 101.


Quote the constitution or act that says so.....and it's obvious it wasn't the 1st time he was travelling out of the country!!!!


I have previously worked as a civil servant so i know it first hand.


Probaly your position demanded that you do the same, read the full statement again!!!

@4architecht you are wrong and allow to be corrected... There is a Civil Service Code of Conduct which btw is surbodinate to the Public Officer Ethics Act 2003. Cabinet Ministers can't travel without presidential approval but Constitutional Office holders are exempt. The Judiciary have their own Judicial Service Code of Conduct


Why would somebody insist the action was right when those who did it have apologised and said it was wrong, usidhani kazi ulikuwa unafanya huko ni kama ya CJ!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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harrydre
#74 Posted : Wednesday, February 20, 2013 3:50:24 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
Further, the said Circular that he was invoking to make this illegal demand and decision did not -- rightly so -- even have the Chief Justice listed among the Public Officials on it.
i.am.back!!!!
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a4architect.com
#75 Posted : Wednesday, February 20, 2013 3:54:02 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
maka wrote:
McReggae wrote:
a4architect.com wrote:
McReggae wrote:
a4architect.com wrote:
Ita an obvious fact that all state officers must seek clearance from OP for any international travel, CJ included. The immigration officer deserves a medal for teaching CJ a few lessons from Civil servant code of conduct 101.


Quote the constitution or act that says so.....and it's obvious it wasn't the 1st time he was travelling out of the country!!!!


I have previously worked as a civil servant so i know it first hand.


Probaly your position demanded that you do the same, read the full statement again!!!

@4architecht you are wrong and allow to be corrected... There is a Civil Service Code of Conduct which btw is surbodinate to the Public Officer Ethics Act 2003. Cabinet Ministers can't travel without presidential approval but Constitutional Office holders are exempt. The Judiciary have their own Judicial Service Code of Conduct

@Maka. .any international travel that uses public funds/security e.t.c has to be cordinated by the executive. How does the Judiciary account at treasury and with NSIS for example if they do not communicate to them? Maybe the Judicial code of conduct could be missing crucial requirments and needs ammending. I have never seen it so i cant speak about it. I can only authoritatively speak about the Civil service code of conduct.
As Iron Sharpens Iron, So one Man Sharpens Another.
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WWW BLOG
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yekeyeke
#76 Posted : Wednesday, February 20, 2013 3:57:06 PM
Rank: Member

Joined: 6/4/2008
Posts: 345
way forward...

1) Police / CID to investigate letter under new constitutional powers and tell us its origin. The origin should then be prosecuted by the DPP.

2) Kimemia to clear air if he has indeed asked that the CJ gets clearance from OP before travel and if so the basis under the law. AND THERE SHOULD BE A BASIS otherwise this will be harassment and punishable under the law.

3) Immigration ministry to explain why its officials stopped the CJ (If they ever did so) and under whose instructions and the law under which they did this.
If no basis then DPP should prosecute them.
If CJ is not telling the truth, then he should be prosecuted for dangerous utterances.

Then we can know who did what and why. Before this is done, we will only politic and raise political temperatures.
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Lucid_Iam
#77 Posted : Wednesday, February 20, 2013 4:01:20 PM
Rank: Member

Joined: 9/30/2011
Posts: 483
McReggae wrote:
To conclude on my part: Very bad day for njumbiree.....chasing demons all over the place!!!!!

.....time for them to go back to reading 'the kenya daily post'

Objective achieved?
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a4architect.com
#78 Posted : Wednesday, February 20, 2013 4:08:22 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
check here

http://www.kenyalaw.org/klr/index.php?id=891

Rule 1

A judicial officer and any other officer in respect of which the Judicial Service Commission exercises disciplinary control shall comply with all the requirements of the General Code of Conduct and Ethics set out in part III of the Public Officer Act 2003. Those requirements are set out in Appendix 1 and form part of this Code.
As Iron Sharpens Iron, So one Man Sharpens Another.
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WWW BLOG
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theman192000
#79 Posted : Wednesday, February 20, 2013 4:11:11 PM
Rank: Member

Joined: 7/11/2008
Posts: 401
a4architect.com wrote:
maka wrote:
McReggae wrote:
a4architect.com wrote:
McReggae wrote:
a4architect.com wrote:
Ita an obvious fact that all state officers must seek clearance from OP for any international travel, CJ included. The immigration officer deserves a medal for teaching CJ a few lessons from Civil servant code of conduct 101.


Quote the constitution or act that says so.....and it's obvious it wasn't the 1st time he was travelling out of the country!!!!


I have previously worked as a civil servant so i know it first hand.


Probaly your position demanded that you do the same, read the full statement again!!!

@4architecht you are wrong and allow to be corrected... There is a Civil Service Code of Conduct which btw is surbodinate to the Public Officer Ethics Act 2003. Cabinet Ministers can't travel without presidential approval but Constitutional Office holders are exempt. The Judiciary have their own Judicial Service Code of Conduct

@Maka. .any international travel that uses public funds/security e.t.c has to be cordinated by the executive. How does the Judiciary account at treasury and with NSIS for example if they do not communicate to them? Maybe the Judicial code of conduct could be missing crucial requirments and needs ammending. I have never seen it so i cant speak about it. I can only authoritatively speak about the Civil service code of conduct.


My question is whether the CJ is a civil servant?

I thought the whole idea of the current constitution is to have separation of powers and create independence between the 3 arms of government?

Under the devolved system, the legislature will now finally be delinked from the executive as the Cabinet Secretaries will not be sitting members of parliament.

Ideally each arm should have its own budget and reporting lines in each should end at the top i.e. for the executive - president, for the legislature - house speakers and for Judiciary - CJ.

This way the government becomes self regulating and proper checks and balances fall into place.
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McReggae
#80 Posted : Wednesday, February 20, 2013 4:11:56 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
a4architect.com wrote:
check here

http://www.kenyalaw.org/klr/index.php?id=891

Rule 1

A judicial officer and any other officer in respect of which the Judicial Service Commission exercises disciplinary control shall comply with all the requirements of the General Code of Conduct and Ethics set out in part III of the Public Officer Act 2003. Those requirements are set out in Appendix 1 and form part of this Code.


Don't try too hard man, the CJ said there was no requirement on him like that, the ones who did it since apologised, funny you know the law better.....if the CJ was by any chance wrong he wouldn't have called that press statement!!!

If you allegations are true, talk to Kimemia to issue the same statement!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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